1.1                          A bill for an act 
  1.2             relating to health; prohibiting intact dilatation and 
  1.3             extraction abortions; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 145. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145.4201] [DEFINITIONS.] 
  1.7      Subdivision 1.  [APPLICABILITY.] As used in sections 
  1.8   145.4201 to 145.4204, the terms defined in this section have the 
  1.9   meanings given them. 
  1.10     Subd. 2.  [ABORTION.] "Abortion" includes an act, 
  1.11  procedure, or use of any instrument, medicine, or drug that is 
  1.12  supplied or prescribed for or administered to a pregnant female 
  1.13  and that results in the termination of pregnancy. 
  1.14     Subd. 3.  [FETUS.] "Fetus" is used to refer to the 
  1.15  biological offspring of human parents. 
  1.16     Subd. 4.  [INTACT DILATATION AND EXTRACTION.] "Intact 
  1.17  dilatation and extraction" or what is sometimes referred to as a 
  1.18  "partial-birth abortion" means an abortion that contains the 
  1.19  following elements: 
  1.20     (1) deliberate dilatation of the cervix, usually over a 
  1.21  sequence of days; 
  1.22     (2) instrumental conversion of the fetus to a footling 
  1.23  breech; 
  1.24     (3) breech extraction of the body excepting the head; and 
  1.25     (4) partial evacuation of the intracranial contents of a 
  2.1   living fetus to effect vaginal delivery of a dead but otherwise 
  2.2   intact fetus. 
  2.3      Sec. 2.  [145.4202] [INTACT DILATATION AND EXTRACTION 
  2.4   ABORTIONS PROHIBITED.] 
  2.5      Subdivision 1.  [PROHIBITION.] No person shall knowingly 
  2.6   perform an intact dilatation and extraction abortion at a time 
  2.7   at which there is a realistic possibility of maintaining and 
  2.8   nourishing a life outside the womb. 
  2.9      Subd. 2.  [EXCEPTION.] The prohibition under this section 
  2.10  shall not apply to an intact dilatation and extraction abortion 
  2.11  that is necessary to preserve the health of the female, preserve 
  2.12  the fertility of the female, or save the life of the female, or 
  2.13  when there is medical documentation that indicates severe fetal 
  2.14  anomalies that are not compatible with sustaining life. 
  2.15     Sec. 3.  [145.4203] [ADMINISTRATIVE REMEDIES.] 
  2.16     Any person may file a complaint with the board of medical 
  2.17  practice alleging a violation of section 145.4202.  Upon finding 
  2.18  that a physician has violated section 145.4202, the board may 
  2.19  refuse to grant a license or impose disciplinary action as 
  2.20  described in section 147.141 against the physician. 
  2.21     Sec. 4.  [145.4204] [SEVERABILITY.] 
  2.22     If any provision, word, phrase, or clause of sections 
  2.23  145.4201 to 145.4203 or the application thereof to any person or 
  2.24  circumstance is found to be unconstitutional, the same is hereby 
  2.25  declared to be inseverable.